Breaking rules puts man in prison

Hub City resident also loses chance to keep serious offense off of record

Hub City resident also loses chance to keep serious offense off of record

September 11, 2007|By Scott Waltman, American News Writer

An Aberdeen man is heading to prison after being given a chance to keep a serious offense off his record. Brandon L. Mornan, 19, who also has a Bonesteel address, according to court records, admitted Monday that he violated the terms of his probation. He previously pleaded guilty to attempted robbery, a felony punishable by as much as 12 years in prison and a $12,500 fine. He broke probation rules by drinking alcohol. In May 2006, Moran approached a woman outside of Kessler's and attempted to steal her purse. He failed to get the purse, but pushed the woman down. When she fell to the ground, the woman broke her wrist. Moran's suspended imposition of sentence, which would have kept the attempted robbery off his record, was revoked by Judge Jack Von Wald. Von Wald sentenced Moran to five years in prison and gave him credit for 411 days served. Moran must also pay $3,830 in restitution for the woman's medical bills, $1,557 in outstanding fines and fees and $266 in new court-appointed attorney's fees. Lori Ehlers said a test revealed Moran's blood alcohol level was .158 percent by weight when law enforcers contacted him in April. Ehlers also pointed out that Moran is too young to legally drink alcohol. She said Moran still faces an unresolved petty theft charge. Moran said in court that he "messed up," but that it seemed like prison was a harsh penalty for his violating probation by drinking beer. However, Von Wald said that he told Moran when he was sentenced for the attempted robbery that any broken probation rules would result in prison time. Also on Monday, Harley G. Schaible Jr., 46, of Aberdeen admitted he violated the terms of his probation by ingesting marijuana. He previously pleaded guilty to a third driving while intoxicated charge in a 10-year span. The crime is a felony punishable by as much as two years in state prison and a $4,000 fine. Based on a report from Schaible's probation officer, Von Wald did not sentence Schaible to prison or more time in jail. A two-year prison sentence was suspended. Schaible must spend two years on probation, pay $390 in outstanding fines and costs, pay a new $500 fine and pay $45 for drug test. He must also attend aftercare.